HomeMy WebLinkAboutR8 RE Fund Grant App_IndianRiver_TenakeeAttachments1
‐‐ SCHOOLS ‐‐
ANGOON GUSTAVUS KLUKWAN TENAKEE
Chatham
School
District
Scott Butterfield, Ph.D.
DISTRICT SUPERINTENDENT
P.O. BOX 109 ANGOON, ALASKA 99820 PHONE: 788-3302 or 788-3682 FAX: 788-3252
Chatham School District
Mission Statement
In partnership with families and communities, the Chatham School District will provide safe and stable educational
experiences built upon the uniqueness of each community, to educate students to become self‐sufficient adults who will be
contributing members of our diverse and changing world. Revised: 8‐7‐2008
September 20, 2012
Mr. Art Bloom
Vice Mayor, Hydro Project Manager
PO Box 52
City of Tenakee Springs
Tenakee Springs, Alaska 99841
Subject: Statement of Support for Indian River Hydroelectric Project
Dear Mr. Bloom:
I am writing in support of Tenakee Springs’ efforts to secure funding for the Indian River hydro
project. This project is a excellent example of responsible, sustainable use of our local resources.
Once complete, this project will supply 80 to 90% of Tenakee’s annual electricity needs, displacing
approximately 31,400 gallons of fuel used annually for electricity generation.
In addition to reducing the amount of fuel burned in Tenakee and reducing the amount of noise
from the diesel power plant, this project will help stabilize and lower electric rates in Tenakee
Springs, lowering the cost of living in the community and making local businesses more viable.
This in turn will help make Tenakee a more stable, sustainable community.
Sincerely,
Scott Butterfield, Superintendent
Chatham School District
Board of Education
MR. LARRY SWEET, SR.-PRES.
MR. KEVIN FRANK, SR., CLERK
MR. ALBERT KOOKESH III
MRS. SALLY McLAUGHLIN
MRS. LYNETTE HART
United StatesUSDADepartmentof:z-:z=;_..Agriculture
Forest
Service
Alaska Region
Tongass National Forest
Sitka Ranger District
204 Siginaka Way
Sitka,AK 99835
Phone:(907)747-6671
Fax:(907)747-4253
File Code:2170
Date:September I],2012
Shawn Calfa
Grant Manager
Alaska Energy Authority
8]3 West Northern Lights Blvd.
Anchorage,AK 99503
I am writing this letter in support of the City of Tenakee Springs'Indian River Hydroelectric Project grant
proposal for Round 6 of the Renewable Energy Grant Program.This project is an excellent example of
responsible,sustainable use of our local resources.Once complete,this project will supply about 90%of
Tenakee Springs'current electrical demands and displace about 44,400 gallons of diesel fuel per year.
Diesel fuel generated electricity contributes significant amounts of carbon dioxide into the atmosphere as
well as creating significant noise.Recent increases in the price of diesel fuel have resulted in 3]7%
increased cost of fuel from 2002 to 2009.
This project will help to stabilize and lower electric rates in Tenakee Springs.Those changes would
lower the cost of living in the community and make local businesses more viable.Other potential benefits
are diversifying the local economy,stabilizing or increasing the population of school-age children,and
providing a stepping stone toward potential jobs in construction,maintenance,and operation of
hydroelectric generation.This will in turn increase the long-term viability of the community.
The Tongass National Forest is a committed partner to Tenakee Springs'development of sustainable,
affordable,and renewable power generation.We are working closely with the City to ensure long-term
access to the project site through changes in our motor vehicle use planning and reciprocal rights-of-way.
The City concurrently is working with the Tongass National Forest to develop project design and
operations compatible with the Forest Services'significant investments in enhancing the salmon
productivity of Indian River.
If you have any questions please fee free to contact me at (907)747-4218 or by email at
cgoularte@fsJed.us.
Sincerely,
CAROL A.GOULARTE
District Ranger
~
Printed on Recycled Paper ••,
Joel Groves
From:"Peter Bernstein" <boatsnpete@gmail.com>
Date:Thursday, September 13, 2012 8:49 AM
To:"City of Tenakee Springs Alaska" <citytke@gmail.com>
Cc:<joel@polarconsult.net>
Subject:Indian River Hydro Project
Page 1 of 1
9/21/2012
I am writing in support of this project and in support of Art Bloom who has worked many hours
in persistent pursuit of it. Implementing this project will substantially reduce Tenakee's carbon
footprint, lower and stabilize power costs and will go a long way to making Tenakee a more
economically viable place to live and do business.This will also extend the useful life of our
existing power plant far into the future. in short, there are no foreseeable downsides to this
project and many benefits to be gained.
Pete Bernstein
204 W. Tenakee ave
(box 501)
Tenakee Springs, Ak. 99841
Joel Groves
From:"Larry Hura" <huracarp@hotmail.com>
Date:Tuesday, September 11, 2012 4:40 PM
To:"City of Tenakee Springs Alaska" <citytke@gmail.com>; <joel@polarconsult.net>
Subject:Tenakee hydro project
Page 1 of 1
9/21/2012
To: Art Bloom, Tenakee project manager
Thank you for your time and effort in securing hydro power for the City of Tenakee Springs. This project has
been in the making for many years, and now, it looks as though it may become a reality. It is time for Tenakee,
and other small communities, to stop using fossil fuels when there are much cleaner means to gener
ate electricity.
Stabilizing the price of electricty is very important to any small community and its residents, especially small
business. This hydro project will be a giant step in achieving that goal.
Again, thank you Mr. Bloom for your hard work, and you can count on me for my continuing support in
making the hydro project a reality in Tenakee Springs.
Larry
Hura
Councilman, Tenakee Springs
October 10, 2012
Mr. Art Bloom
Vice Mayor, Hydro Project Manager
PO Box 52
City of Tenakee Springs
Tenakee Springs, Alaska 99841
RE: Tenakee Springs Indian River Hydroelectric Project
Dear Mr. Bloom:
We are writing to support Tenakee Springs’ efforts to secure funding for the Indian River hydro
project. This project is an excellent example of responsible, sustainable use of our local
resources. Once complete, this project will supply 80 to 90% of Tenakee Spring’s annual
electricity needs, displacing approximately 31,400 gallons of fuel used annually for electricity
generation.
In addition to reducing the amount of fuel burned in Tenakee and reducing the amount of noise
from the diesel power plant, this project will help stabilize and lower electric rates in Tenakee
Springs, lowering the cost of living in the community and making local businesses more viable.
This in turn will help make Tenakee a more stable, sustainable community.
Please let us know how we can help to further support this important Tenakee Springs and
Southeast Alaska project?
Sincerely,
Jeffrey Wilson
P.O. Box 51
Tenakee Springs, AK 99841
ATTACHMENT D
(NO ATTACHMENT C)
GOVERNING BODY RESOLUTION
ATTACHMENT G
(NO ATTACHMENTS E, F)
SUPPLEMENTAL INFORMATION
ATTACHMENT G.1
PROJECT PERMITS
INDIAN RIVER HYDROELECTRIC PROJECT
CITY OF TENAKEE SPRINGS, ALASKA
REGULATORY PERMIT PACKET
CONTENTS
Agency Permit
Federal Energy Regulatory Commission None Required / Non‐Jurisdictional Project
U.S. Army Corps of Engineers Nation‐Wide Permit #39
U.S. Forest Service Road Use Permit – Indian River Road
U.S. Fish and Wildlife Service Bald Eagle Survey ‐ Recommendations
Alaska Dept. of Natural Resources
State Historical Preservation Office
Finding of No Significant Impact, Site
Requirements
Alaska Dept. of Natural Resources
Div. Mining Land and Water
Early Entry Authorization to Easements on
State Land
Alaska Dept. of Natural Resources
Div. Mining Land and Water
Water Use Permit
Alaska Dept. of Fish and Game Fish Habitat Permit
Borough Permits None Required / Not Applicable
City Permits None Required / Not Applicable
Date Revision
June 13, 2013 Original Issuance.
July 11, 2013 Add appendices to USFS Road Use Permit.
Prepared by Polarconsult Alaska, Inc.
FEDERAL ENERGY REGULATORY COMMISSION
FINDING OF NON‐JURISIDICTION
UNITED STATES OF AMERICA 131 FERC ¶ 62,179
FEDERAL ENERGY REGULATORY COMMISSION
City of Tenakee Springs Docket No. DI10-8-000
ORDER RULING ON DECLARATION OF INTENTION
AND FINDING LICENSING NOT REQUIRED
(Issued May 26, 2010)
1. On March 1, 2010, the City of Tenakee Springs filed a Declaration of Intention
(DI) concerning the proposed Indian River Hydroelectric Project, which will be located
near the city of Tenakee Springs, on Chichagof Island, Sitka Borough, Alaska, affecting
T. 47 S, R. 63 E, secs. 15, 21, and 22, Copper River Meridian.
PROJECT DESCRIPTION
2. The proposed run-of-river Indian River Hydroelectric Project will consist of: (1)
a 6-foot-high, 30-foot-wide diversion structure, to be located at river mile (RM) 0.85;
(2) a 40-inch-diameter, 1,550-foot-long penstock; (3) a 30-foot-wide, 40-foot-long,
wood frame powerhouse, located at RM 0.55, housing a 250 kW turbine-synchronous
generator; (4) a 50-foot-long tailrace returning flows back into Indian River; (5) a
5,900-foot-long transmission line; and (6) appurtenant facilities.
PUBLIC NOTICE
3. Notice of the DI was issued on March 9, 2010. Protests, comments, and motions
to intervene were to be filed by April 9, 2010. The U.S. Department of Agriculture,
U.S. Forest Service, Tongass National Forest, filed a motion to intervene and comments
on April 19, 2010. The comments stated that the proposed project had the potential to
affect Forest Service interests, but the comments did not relate to the issue of
jurisdiction. No other protests, comments, or motions to intervene have been received.
JURISDICTION
4. Pursuant to Section 23(b)(1) of the Federal Power Act (FPA), 16 U.S.C. §817(1),
a non-federal hydroelectric project must (unless it has a still-valid pre-1920 federal
permit) be licensed if it:
20100526-3076 FERC PDF (Unofficial) 05/26/2010
Docket No. DI10-8-000 2
•is located on a navigable water of the United States;
•occupies lands or reservations of the United States;
•utilizes surplus water or waterpower from a government dam; or
•is located on a stream over which Congress has Commerce Clause jurisdiction, is
constructed or modified on or after August 26, 1935, and affects the interests of
interstate or foreign commerce.
DISCUSSION
5. The proposed project will not occupy any public lands or reservations of the
United States and will not use surplus water or waterpower from a Federal government
dam. The proposed project would be constructed after August 26, 1935, and would be
located on a Commerce Clause stream.
1 However, the proposed project would not
affect the interests of interstate commerce, because the City of Tenakee Springs plans to
sell the generated power to the Tenakee Springs Electric Utility, which is not connected
to an interstate transmission grid. Therefore, the project does not require licensing
under Section 23(b)(1) of the FPA.
CONCLUSION
6. Consequently, Section 23(b)(1) of the FPA does not require licensing of the
proposed project. If evidence to support the Commission’s licensing jurisdiction is
found in the future, Section 23(b)(1) would require licensing. Under Section 4(g) of the
FPA, the project owner could then be required to apply for a license.
The Director orders:
(A) Section 23(b)(1) of the Federal Power Act does not require licensing of the
proposed Indian River Hydroelectric Project. This order is issued without prejudice to
any future determination upon new or additional evidence that licensing is required.
1 The Indian River flows into Tenakee Inlet and Chatham Straits, tributary to the
Pacific Ocean.
20100526-3076 FERC PDF (Unofficial) 05/26/2010
Docket No. DI10-8-000 3
(B) This order constitutes final agency action. Requests for rehearing by the
Commission may be filed within 30 days of the date of issuance of this order, pursuant
to 18 C.F.R. § 385.713.
William Guey-Lee, Chief
Engineering and Jurisdiction Branch
Division of Hydropower
Administration and Compliance
20100526-3076 FERC PDF (Unofficial) 05/26/2010
U.S. ARMY CORPS OF ENGINEERS
WETLANDS PERMIT
www.poa.usace.army.mil/reg/
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, ALASKA
REGULATORY DIVISION
SITKA REGULATORY FIELD OFFICE
POST OFFICE BOX 16
SITKA, ALASKA 99835-0016
MAY 17, 2013
Regulatory Division
POA-2010-0758
Mr. Art Bloom
City of Tenakee Springs
Post Office Box 52
Tenakee Springs, Alaska 99841
Dear Mr. Bloom:
This is in response to your February 27, 2013, application for a
Department of the Army (DA) permit to construct a 250 kW “run-of-river”
hydroelectric project below the ordinary high water mark (OHWM) of Indian
River. The hydroelectric project would supply approximately 90% of the
current electrical demands to Tenakee Springs’ residents.
The project has been assigned file number POA-2010-0758, Indian River
which should be referred to in all future correspondence with this office.
The project site is located within Section 15, 21, 22, and 23 T. 47 S., R. 63
E., Copper River Meridian; USGS Quad Map Sitka D-4; Latitude 57.78751º N.,
Longitude 135.19269º W.; one mile east of Tenakee Springs, Alaska.
Based on our review of the information you furnished and available to us
and our April 12, 2011 site visit, we have determined the above project area
contains waters of the United States (U.S.), including wetlands, under the
Corps’ regulatory jurisdiction. DA permit authorization is necessary because
your project would involve work in and placement of structures, dredging and
fill material into waters of the U.S. under our regulatory jurisdiction.
The following work in waters of the U.S. is authorized: Access Road and Trail
Access Trail – discharge 170 cubic yards of riprap and gravel fill material
below the OHWM of Indian River impacting 0.025 acres to construct
approximately 50 feet of the access trail.
Road to intake structure – Discharge 250 cubic yards of riprap and gravel
fill material into 0.04 acres of wetlands and discharge 30 cubic yards of
riprap material below the OHWM of Indian River impacting 0.005 acres of
waters of the U.S. to construct an access road to the intake structure.
Approximately 170 feet of the road would be constructed through wetlands.
Discharge quantities include the installation of one 18-inch diameter culvert
in wetlands. The road would be 10-14 feet wide and 1,090 feet in length.
www.poa.usace.army.mil/reg/
Diversion & Intake Structure
Hydro diversion spillway – Discharge of 30 cubic yards of concrete fill
material below the OHWM of Indian River impacting 0.009 acres of waters of
the U.S., including 30 feet of stream bed, to construct a 30’ long x 8’ high
x 10’ wide diversion spillway.
Hydro intake – Discharge of 70 cubic yards of concrete fill material below
the OHWM of Indian River impacting 0.014 acres of waters of the U.S.,
including 40 feet of stream bed, to construct a 40’ long x 8’ high x 10’ wide
hydro intake structure.
Fish pass cells – Discharge of 30 cubic yards of concrete fill material below
the OHWM of Indian River impacting 0.008 acres of waters of the U.S.,
including 60 feet of stream bed, to construct an additional fish pass cell
for mitigation. The overall design would not exceed 60’ long x 7’ high x 1’
wide. The structure would be associated with an existing fish pass. Penstock
Penstock – Discharge of 50 cubic yards of concrete, rock and gravel fill
material into wetlands and 20 cubic yards of concrete fill material below the
OHWM of Indian River impacting 0.005 acres of waters of the U.S. to install a
36-inch diameter penstock. The penstock alignment extends along the floor of
the Indian River canyon for approximately 1,225 feet downstream from the
intake structure. The penstock would be installed with trestle supports
every 20 feet. The trestles would be supported by concrete or steel piers.
The piers would be anchored on bedrock above the OHWM of Indian River. Piers
located below the OHWM or within flood velocity hazard areas may include
additional civil works to protect them from flood damage. The penstock would
supply water to the power house. Powerhouse – Tailrace Structures
Powerhouse – Discharge of 700 cubic yards of riprap material below the OHWM
of Indian River impacting 0.05 acres of waters of the U.S. to construct a 30’
x 20’ pad to support the powerhouse. Additionally, a 150’ long x 10’ high x
2’ wide concrete deflector wall would be constructed to protect the
powerhouse and access trail. This would impact 150 linear feet of streambed
and result in the permanent loss of 0.02 acres of waters of the U.S. Power line & associated maintenance trail
Power line & maintenance trail – Discharge of 300 cubic yards of rock fill
material into 0.055 acres of wetlands and discharge of 50 cubic yards of rock
fill material below the OHWM of an unnamed creek (0.014 acres) to construct
4,750 feet of power line and 4,550 feet of 6–8 foot-wide maintenance trail.
Approximately 500 feet of the power line and associated trail would be
constructed through wetlands and waters of the U.S. Discharge quantities
include installation of a 24-inch diameter culvert to cross an unnamed creek.
Based upon the information and plans you provided, we hereby verify that
the work described above, which would be performed in accordance with the
enclosed plan (sheets 1-7), dated March 6, 2013, is authorized by Nationwide
Permit (NWP) No. 39, Commercial and Institutional Developments. NWP No. 39
and its associated Regional and General Conditions can be accessed at our
website at http://www.poa.usace.army.mil/Missions/Regulatory.aspx.
Regional Conditions D, E, F, G, & H apply to your project. You must
comply with all terms and conditions associated with NWP No. 39, as well as
with the special conditions listed below:
www.poa.usace.army.mil/reg/
1. Fill material discharged to construct the activity shall consist of clean
shot rock and riprap that are free from fines and suspendible material.
Further, please note General Condition 30 requires that you submit a
signed certification to us once any work and required mitigation are
completed. Enclosed is the form for you to complete and return to us.
This verification is valid until March 18, 2017, unless the NWP is
modified, reissued, or revoked. It is incumbent upon you to remain informed
of changes to the NWPs. Nothing in this letter excuses you from compliance
with other Federal, State, or local statutes, ordinances, or regulations.
You may contact me via email at linda.speerstra@usace.army.mil, by mail at
the address above, or by phone at (907) 747-0658 if you have questions or to
request paper copies of the jurisdictional determination, regional and/or
general conditions. For additional information about our Regulatory Program,
visit our web site at http://www.poa.usace.army.mil/Missions/Regulatory.aspx.
Sincerely,
Linda Speerstra
Project Manager
Enclosures
Compliance Certification
CONCUR
CASEY DC 5/16/13
CEPOA-RD
Speerstra/7-0658
5/14/13/(1145)
LS/2010-0758 NWP39
SOUTH BRANCH – SOUTHEAST
ADF&G-DH jackie.timothy@alaska.gov
USFWS, Juneau juneau@fws.gov
ADEC brenda.krauss@alaska.gov
ADNR-DMLW sero@alaska.gov
ADNR-Office of History and Archaeology, SHPO oha_revcomp@alaska.gov
EPA becky.farvour@epamail.epa.gov
NMFS, Juneau HCD.juneau@noaa.gov
NMFS, Juneau Kate.savage@noaa.gov
Agent joel@polarconsult.net
Hard Copy:
Department of Defense Clearinghouse
Attn: Mr. Marshal Williams and Mr. David Blalock
101 Marietta St, NW, Suite 3120
Atlanta, GA 30303
www.poa.usace.army.mil/reg/
Enclosure
US Army Corps of Engineers Alaska District
Permit Number: POA-2010-0758
Name of Permittee: Art Bloom – City of Tenakee Springs
Date of Issuance: May 17, 2013
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to Ms.
Speerstra at the following address:
U.S. Army Corps of Engineers
Alaska District
Regulatory Division
Post Office Box 16
Sitka, Alaska 99835
Please note that your permitted activity is subject to a compliance
inspection by an U.S. Army Corps of Engineers representative. If you fail to
comply with this permit you are subject to permit suspension, modification,
or revocation.
I hereby certify that the work authorized by the above-referenced permit has
been completed in accordance with the terms and conditions of the said
permit, and required mitigation was completed in accordance with the permit
conditions.
_________________________ _______________________
Signature of Permittee Date
INDIAN RIVER HYDROELECTRIC PROJECT
DIVERSION, INTAKE AND FISH PASS STRUCTURE
ELEVATION AND SECTION
Nationwide Permit General Conditions
1. Navigation
2. Aquatic Life Movements
3. Spawning Areas
4. Migratory Bird Breeding Areas
5. Shellfish Beds
6. Suitable Material
7. Water Supply Intakes
8. Adverse Effects from Impoundments
9. Management of Water Flows
10. Fills Within 100-Year Floodplains
11. Equipment
12. Soil Erosion and Sediment Controls
13. Removal of Temporary Fills
14. Proper Maintenance
15. Single and Complete Project
16. Wild and Scenic Rivers
17. Tribal Rights
18. Endangered Species
19. Migratory Bird and Bald and Golden Eagle Permits
20. Historic Properties
21. Discovery of Previously Unknown Remains and Artifacts
22. Designated Critical Resource Waters
23. Mitigation
24. Safety of Impoundment Structures
25. Water Quality
26. Coastal Zone Management
27. Regional and Case-by-Case Conditions
28. Use of Multiple Nationwide Permits
29. Transfer of Nationwide Permit Verifications
30. Compliance Certification
31. Pre-Construction Notification
C. Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the
following general conditions, as applicable, in addition to any regional or case-specific conditions
imposed by the division engineer or district engineer. Prospective permittees should contact the
appropriate Corps district office to determine if regional conditions have been imposed on an NWP.
Prospective permittees should also contact the appropriate Corps district office to determine the
status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management
Act consistency for an NWP. Every person who may wish to obtain permit authorization under one
or more NWPs, or who is currently relying on an existing or prior permit authorization under one or
more NWPs, has been and is on notice that all of the provisions of 33 CFR §§ 330.1 through 330.6
apply to every NWP authorization. Note especially 33 CFR § 330.5 relating to the modification,
suspension, or revocation of any NWP authorization.
1. Navigation.
(a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or
otherwise, must be installed and maintained at the permittee's expense on authorized facilities in
navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in
the opinion of the Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural
work or obstructions caused thereby, without expense to the United States. No claim shall be made
against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species that
normally migrate through the area, unless the activity's primary purpose is to impound water. All
permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise
designed and constructed to maintain low flows to sustain the movement of those aquatic species.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided
to the maximum extent practicable. Activities that result in the physical destruction (e.g., through
excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area
are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48,
or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies,
asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic
amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
8 Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its
flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided below.
The activity must be constructed to withstand expected high flows. The activity must not restrict or
impede the passage of normal or high flows, unless the primary purpose of the activity is to impound
water or manage high flows. The activity may alter the pre-construction course, condition, capacity,
and location of open waters if it benefits the aquatic environment (e.g., stream restoration or
relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats,
or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all exposed
soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be
permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work
within waters of the United States during periods of low-flow or no-flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the
affected areas returned to pre-construction elevations. The affected areas must be revegetated, as
appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP general
conditions, as well as any activity-specific conditions added by the district engineer to an NWP
authorization.
15. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
16 Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a “study river” for possible
inclusion in the system while the river is in an official study status, unless the appropriate Federal
agency with direct management responsibility for such river, has determined in writing that the
proposed activity will not adversely affect the Wild and Scenic River designation or study status.
Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land
management agency responsible for the designated Wild and Scenic River or study river (e.g.,
National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife
Service).
17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
18. Endangered Species.
(a) No activity is authorized under any NWP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species proposed for
such designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is
authorized under any NWP which “may affect” a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the requirements
of the ESA. Federal permittees must provide the district engineer with the appropriate documentation
to demonstrate compliance with those requirements. The district engineer will review the
documentation and determine whether it is sufficient to address ESA compliance for the NWP
activity, or whether additional ESA consultation is necessary.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer
if any listed species or designated critical habitat might be affected or is in the vicinity of the project,
or if the project is located in designated critical habitat, and shall not begin work on the activity until
notified by the district engineer that the requirements of the ESA have been satisfied and that the
activity is authorized. For activities that might affect Federally-listed endangered or threatened
species or designated critical habitat, the pre-construction notification must include the name(s) of
the endangered or threatened species that might be affected by the proposed work or that utilize the
designated critical habitat that might be affected by the proposed work. The district engineer will
determine whether the proposed activity “may affect” or will have “no effect” to listed species and
designated critical habitat and will notify the non-Federal applicant of the Corps’ determination
within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal
applicant has identified listed species or critical habitat that might be affected or is in the vicinity of
the project, and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification the proposed activities will have “no effect” on listed species or critical habitat,
or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back
from the Corps within 45 days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the “take” of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA
Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the
U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the
jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The
word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an
act may include significant habitat modification or degradation where it actually kills or injures
wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or
sheltering.
(f) Information on the location of threatened and endangered species and their critical habitat
can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages
at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html
respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining
any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing
compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The
permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to
determine if such “take” permits are required for a particular activity.
20. Historic Properties.
(a) In cases where the district engineer determines that the activity may affect properties
listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized,
until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been
satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements. The district engineer will review the documentation and determine whether it is
sufficient to address section 106 compliance for the NWP activity, or whether additional section 106
consultation is necessary.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer
if the authorized activity may have the potential to cause effects to any historic properties listed on,
determined to be eligible for listing on, or potentially eligible for listing on the National Register of
Historic Places, including previously unidentified properties. For such activities, the pre-
construction notification must state which historic properties may be affected by the proposed work
or include a vicinity map indicating the location of the historic properties or the potential for the
presence of historic properties. Assistance regarding information on the location of or potential for
the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal
Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33
CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with
the current procedures for addressing the requirements of Section 106 of the National Historic
Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out
appropriate identification efforts, which may include background research, consultation, oral history
interviews, sample field investigation, and field survey. Based on the information submitted and
these efforts, the district engineer shall determine whether the proposed activity has the potential to
cause an effect on the historic properties. Where the non-Federal applicant has identified historic
properties on which the activity may have the potential to cause effects and so notified the Corps, the
non-Federal applicant shall not begin the activity until notified by the district engineer either that the
activity has no potential to cause effects or that consultation under Section 106 of the NHPA has
been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt of a
complete pre-construction notification whether NHPA Section 106 consultation is required. Section
106 consultation is not required when the Corps determines that the activity does not have the
potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA section 106
consultation is required and will occur, the district engineer will notify the non-Federal applicant that
he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant
has not heard back from the Corps within 45 days, the applicant must still wait for notification from
the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-
2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to
avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely
affected a historic property to which the permit would relate, or having legal power to prevent it,
allowed such significant adverse effect to occur, unless the Corps, after consultation with the
Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting
such assistance despite the adverse effect created or permitted by the applicant. If circumstances
justify granting the assistance, the Corps is required to notify the ACHP and provide documentation
specifying the circumstances, the degree of damage to the integrity of any historic properties
affected, and proposed mitigation. This documentation must include any views obtained from the
applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic
properties on tribal lands or affects properties of interest to those tribes, and other parties known to
have a legitimate interest in the impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any
previously unknown historic, cultural or archeological remains and artifacts while accomplishing the
activity authorized by this permit, you must immediately notify the district engineer of what you
have found, and to the maximum extent practicable, avoid construction activities that may affect the
remains and artifacts until the required coordination has been completed. The district engineer will
initiate the Federal, Tribal and state coordination required to determine if the items or remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed
marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district
engineer may designate, after notice and opportunity for public comment, additional waters officially
designated by a state as having particular environmental or ecological significance, such as
outstanding national resource waters or state natural heritage sites. The district engineer may also
designate additional critical resource waters after notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized
by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity
within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 31, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district engineer
may authorize activities under these NWPs only after it is determined that the impacts to the critical
resource waters will be no more than minimal.
23. Mitigation. The district engineer will consider the following factors when determining
appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic
environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable at
the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating
for resource losses) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland
losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer
determines in writing that either some other form of mitigation would be more environmentally
appropriate or the adverse effects of the proposed activity are minimal, and provides a project-
specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-
construction notification, the district engineer may determine on a case-by-case basis that
compensatory mitigation is required to ensure that the activity results in minimal adverse effects on
the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic
resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity results in
minimal adverse effects on the aquatic environment.
(2) Since the likelihood of success is greater and the impacts to potentially valuable uplands
are reduced, wetland restoration should be the first compensatory mitigation option considered.
(3) If permittee-responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by
the district engineer to make the decision on the NWP verification request, but a final mitigation plan
that addresses the applicable requirements of 33 CFR 332.4(c)(2) – (14) must be approved by the
district engineer before the permittee begins work in waters of the United States, unless the district
engineer determines that prior approval of the final mitigation plan is not practicable or not necessary
to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)).
(4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation
plan only needs to address the baseline conditions at the impact site and the number of credits to be
provided.
(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as
compensatory mitigation, site protection, ecological performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization, instead of
components of a compensatory mitigation plan.
(d) For losses of streams or other open waters that require pre-construction notification, the
district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement,
or preservation, to ensure that the activity results in minimal adverse effects on the aquatic
environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by the
acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be
used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United
States, even if compensatory mitigation is provided that replaces or restores some of the lost waters.
However, compensatory mitigation can and should be used, as necessary, to ensure that a project
already meeting the established acreage limits also satisfies the minimal impact requirement
associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will
normally include a requirement for the restoration or establishment, maintenance, and legal
protection (e.g., conservation easements) of riparian areas next to open waters. In some cases,
riparian areas may be the only compensatory mitigation required. Riparian areas should consist of
native species. The width of the required riparian area will address documented water quality or
aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of
the stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of
a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area
along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the
project site, the district engineer will determine the appropriate compensatory mitigation (e.g.,
riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate
permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources,
permittee-responsible compensatory mitigation may be environmentally preferable if there are no
mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for
sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the
NWP verification must clearly indicate the party or parties responsible for the implementation and
performance of the compensatory mitigation project, and, if required, its long-term management.
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce
the adverse effects of the project to the minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely
designed, the district engineer may require non-Federal applicants to demonstrate that the structures
comply with established state dam safety criteria or have been designed by qualified persons. The
district engineer may also require documentation that the design has been independently reviewed by
similarly qualified persons, and appropriate modifications made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not
previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality
Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or
Tribe may require additional water quality management measures to ensure that the authorized
activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously received
a state coastal zone management consistency concurrence, an individual state coastal zone
management consistency concurrence must be obtained, or a presumption of concurrence must occur
(see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure
that the authorized activity is consistent with state coastal zone management requirements.
27. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any
case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section
401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency
determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States authorized
by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit.
For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the
total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide permit
verification to the new owner by submitting a letter to the appropriate Corps district office to validate
the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter
must contain the following statement and signature: “When the structures or work authorized by this
nationwide permit are still in existence at the time the property is transferred, the terms and
conditions of this nationwide permit, including any special conditions, will continue to be binding on
the new owner(s) of the property. To validate the transfer of this nationwide permit and the
associated liabilities associated with compliance with its terms and conditions, have the transferee
sign and date below.”
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter from
the Corps must provide a signed certification documenting completion of the authorized activity and
any required compensatory mitigation. The success of any required permittee-responsible mitigation,
including the achievement of ecological performance standards, will be addressed separately by the
district engineer. The Corps will provide the permittee the certification document with the NWP
verification letter. The certification document will include:
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general, regional, or activity-specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee
program are used to satisfy the compensatory mitigation requirements, the certification must include
the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the
appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
31. Pre-Construction Notification.
(a) Timing. Where required by the terms of the NWP, the prospective permittee must notify
the district engineer by submitting a pre-construction notification (PCN) as early as possible. The
district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt
and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day
period to request the additional information necessary to make the PCN complete. The request must
specify the information needed to make the PCN complete. As a general rule, district engineers will
request additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer will
notify the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed under
the NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN
and the prospective permittee has not received written notice from the district or division engineer.
However, if the permittee was required to notify the Corps pursuant to general condition 18 that
listed species or critical habitat might be affected or in the vicinity of the project, or to notify the
Corps pursuant to general condition 20 that the activity may have the potential to cause effects to
historic properties, the permittee cannot begin the activity until receiving written notification from
the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic
properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33
CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has
been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received
written approval from the Corps. If the proposed activity requires a written waiver to exceed
specified limits of an NWP, the permittee may not begin the activity until the district engineer issues
the waiver. If the district or division engineer notifies the permittee in writing that an individual
permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin
the activity until an individual permit has been obtained. Subsequently, the permittee’s right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the
following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project’s purpose; direct and indirect adverse
environmental effects the project would cause, including the anticipated amount of loss of water of
the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate
unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or
intended to be used to authorize any part of the proposed project or any related activity. The
description should be sufficiently detailed to allow the district engineer to determine that the adverse
effects of the project will be minimal and to determine the need for compensatory mitigation.
Sketches should be provided when necessary to show that the activity complies with the terms of the
NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches
should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a
conceptual plan), but do not need to be detailed engineering plans);
(4) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project
site. Wetland delineations must be prepared in accordance with the current method required by the
Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the
project site, but there may be a delay if the Corps does the delineation, especially if the project site is
large or contains many waters of the United States. Furthermore, the 45 day period will not start until
the delineation has been submitted to or completed by the Corps, as appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a
PCN is required, the prospective permittee must submit a statement describing how the mitigation
requirement will be satisfied, or explaining why the adverse effects are minimal and why
compensatory mitigation should not be required. As an alternative, the prospective permittee may
submit a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity of
the project, or if the project is located in designated critical habitat, for non-Federal applicants the
PCN must include the name(s) of those endangered or threatened species that might be affected by
the proposed work or utilize the designated critical habitat that may be affected by the proposed
work. Federal applicants must provide documentation demonstrating compliance with the
Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible for
listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-
Federal applicants the PCN must state which historic property may be affected by the proposed work
or include a vicinity map indicating the location of the historic property. Federal applicants must
provide documentation demonstrating compliance with Section 106 of the National Historic
Preservation Act.
(c) Form of Pre-Construction Notification: The standard individual permit application form
(Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a
PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general
condition. A letter containing the required information may also be used.
(d) Agency Coordination:
(1) The district engineer will consider any comments from Federal and state agencies
concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the
need for mitigation to reduce the project’s adverse environmental effects to a minimal level.
(2) For all NWP activities that require pre-construction notification and result in the loss of
greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and
52 activities that require pre-construction notification and will result in the loss of greater than 300
linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-
construction notification, the district engineer will immediately provide (e.g., via e-mail, facsimile
transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the
appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA,
State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if
appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days
from the date the material is transmitted to telephone or fax the district engineer notice that they
intend to provide substantive, site-specific comments. The comments must explain why the agency
believes the adverse effects will be more than minimal. If so contacted by an agency, the district
engineer will wait an additional 15 calendar days before making a decision on the pre-construction
notification. The district engineer will fully consider agency comments received within the specified
time frame concerning the proposed activity’s compliance with the terms and conditions of the
NWPs, including the need for mitigation to ensure the net adverse environmental effects to the
aquatic environment of the proposed activity are minimal. The district engineer will provide no
response to the resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each pre-construction notification that the resource agencies’
concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation
activity may proceed immediately in cases where there is an unacceptable hazard to life or a
significant loss of property or economic hardship will occur. The district engineer will consider any
comments received to decide whether the NWP 37 authorization should be modified, suspended, or
revoked in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district engineer
will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat
conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens
Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre-construction notifications to expedite agency coordination.
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ALASKA DISTRICT REGIONAL CONDITIONS
FOR 2012 NATIONWIDE PERMITS
REGIONAL CONDITION A - Additional Pre-Construction Notification (PCN)
Requirements
1
1. NWP 6, Survey Activities: 3-D seismic surveys employing ocean bottom cables.
2. NWP 13, Bank Stabilization: Projects require a PCN when specified by NWP 13 and/or the
proposed methods and techniques are not included in Streambank Revegetation and Protection:
A Guide for Alaska Revised 2005
(Walter, Hughes and Moore, April 2005) (Guide) or its future
revisions.
The Guide is available at http://www.adfg.alaska.gov/index.cfm?adfg=streambankprotection.main
Furthermore, applicants proposing projects not contained in the Guide may still qualify for NWP
13 but they shall provide an alternative analysis to the district engineer with the PCN consisting
of the bioengineered methods that were considered and rationale as to why these alternatives are
not in the applicant’s preferred alternative. Applicants subject to the PCN due to a design that is
not included in the Guide are encouraged to include measures that minimize impacts to the
aquatic environment including methods that improve fish habitat such as vegetated riprap.
3. Any activity proposing pile driving and/or blasting in marine waters, anadromous lakes or
anadromous streams.
4. Proposed projects that qualify for NWPs 3, 12, 13, 14, and 18 within the Municipality of
Anchorage.
1 Where required by the terms of the NWP or Regional Condition A, a prospective permittee
must notify the district engineer by submitting a preconstruction notification (PCN) as early as
possible. See General Condition 31 of the NWPs for the contents of the PCN or visit
www.poa.usace.army.mil/reg/NWPs.
REGIONAL CONDITION B – General Permit Agency Coordination
This Regional Condition establishes geographic and habitat areas that will require agency
coordination for projects that are less than 1/2 acre.
1
For projects requiring a Pre-Construction Notification (PCN) and
occurring within any of the
following geographic/habitat areas, the Corps will conduct agency coordination with the
appropriate agencies according to General Condition 31, regardless of the amount of loss of
waters of the U.S.
1) The Municipality of Anchorage.
2) Areas designated as "A" or "B" wetlands in the Juneau Wetlands Management Plan.
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3) Areas designated as “High” or “Moderate” value wetlands in the Homer Wetland
Functional Assessment.
4) Anadromous lakes or anadromous streams including, but not limited to catalogued
streams identified in the Catalog of Waters Important for the Spawning, Rearing, or
Migration of Anadromous Fishes (available at
http://www.adfg.alaska.gov/sf/SARR/AWC/)
5) Jurisdictional areas within 500 feet (measured from OHW or HTL) of anadromous lakes
or anadromous streams as identified above.
6) Marine waters
Agency coordination will also occur if the proposed activity:
1) is authorized by NWP 51
2) requires a written waiver by the District Engineer; and/or
3) involves stream relocation
Local, State or Federal applicants may choose to conduct agency coordination in accordance
with this regional condition for projects in the above geographic areas having less than 1/2 acre
loss of waters of the U.S. The documentation of agency coordination shall be supplied with the
PCN and if the Corps determines the applicant’s proposal adequately addresses agency concerns,
the project will not be coordinated again.
The Corps (or local, State or Federal applicant, as described above) will coordinate such projects
with the Environmental Protection Agency, U.S. Fish and Wildlife Service, National Marine
Fisheries Service and State Historical Preservation Officer or Tribal Historical Preservation
Officer. Additionally, project coordination will occur with the State of Alaska’s Department of
Environmental Conservation and the Department of Fish and Game.
1
For activities requiring a PCN that result in the loss of greater than 1/2-acre of waters of the
U.S., agency coordination will occur according to general condition 31(d) but also include the
agencies as specified above.
REGIONAL CONDITION C - Wood Preservatives
This Regional Condition applies to all NWPs when the regulated activity involves the use of
wood preservative products in waters of the U.S.
1
1. For new materials2
:
a) Preservatives for wooden structures shall be applied by pressure treatment.
b) In fresh waters, wood structures treated with creosote or pentachlorophenol
preservative shall not be used.
c) In marine waters wood structures treated with pentachlorophenol preservative shall not
be used.
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d) For marine installations with more than 50 pilings, or where current velocities are less
than 10 cm/sec, a site-specific risk assessment shall be conducted to determine the
potential adverse effects of using creosote or copper-related wood products.
2. For the reuse of previously treated wood products in marine waters the wood preservative
product’s use shall be consistent with its original use and may not be treated with any additional
wood preservative. (e.g. the reuse for dock piling of creosote treated wood for dock piling is
allowable, the reuse for a retaining wall of creosote treated railroad ties is not allowed, etc.).
1
Wood preservative products allowed for use in the aquatic/marine environments is determined
by the Environmental Protection Agency.
2 Treated wood products are produced and installed in accordance with the “Best Management
Practices for the Use of Treated Wood in Aquatic and Other Sensitive Environments” (August
2006), including amendments published by the Western Wood Preservers Institute (WWPI) (
www.wwpinstitute.org ) including the standards set forth by the American Wood-Preservers
Association (AWPA) (www.awpa.com), the Timber Piling Council (TPC)
(www.timberpilingcouncil.org) and/or the American Lumber Standards Committee as
appropriate.
REGIONAL CONDITION D - Activities Involving Trenching
Trenches cannot be constructed or backfilled in such a manner as to drain waters of the U.S.
(e.g., backfilling with extensive gravel layers, creating a French drain effect). Ditch plugs or
other methods shall be used to prevent this situation.
Except for material placed as minor trench over-fill or surcharge necessary to offset subsidence
or compaction, all excess materials shall be removed to a non-wetland location. The backfilled
trench shall achieve the original surface condition, within a year of disturbance unless climatic
conditions warrant additional time and is approved by the Corps.
Excavated material temporarily sidecast into wetlands shall be underlain with geotextile, ice
pads, or similar material, to allow for removal of the temporary material to the maximum extent
practicable.
Revegetation of the trench should follow the process outlined in RC E.
REGIONAL CONDITION E - Site Restoration for Projects with Ground Disturbing
Activities
Disturbed areas shall be stabilized immediately after construction to prevent erosion.
Revegetation of the site shall begin as soon as site conditions allow and in the same growing
season as the disturbance unless climatic conditions warrant additional time and is approved by
the Corps. Native vegetation and soils removed for project construction shall be stockpiled
separately and used for site rehabilitation. If soil and/or organic materials are not available from
4
3/19/12
the project site for rehabilitation, other locally-obtained native materials may be used. Other
topsoil or organic materials (including seed) may be used only if identified in the PCN and
approved in the NWP verification. Species to be used for seeding and planting shall follow this
order of preference: 1) species native to the site; 2) species native to the area; 3) species native to
the state. Revegetated areas eventually shall have enough cover to sufficiently control erosion
without silt fences, hay bales, or other mechanical means.
REGIONAL CONDITION F - Equipment Standards
Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures
(e.g. ice roads, compacted snow, low psi ground bearing weight, etc) must be taken to prevent
soil disturbance.
REGIONAL CONDITION G – Delineation of Project Boundary
Project boundaries shall be staked, flagged, or otherwise clearly delineated prior to the
commencement of the authorized activity for projects that involve the placement of fill.
REGIONAL CONDITION H – Maintenance of Hydrology Patterns
Site preparation, excavation, and fill placement shall be conducted in a manner that prevents
adverse hydrologic effects. Natural drainage patterns shall be maintained using appropriate
ditching, culverts, storm drain systems and other measures to prevent ponding or drying.
Excessive ponding and/or dewatering of areas adjacent to fill areas shall indicate non-compliance
with this condition. “Excessive” is defined as a measurable change in site hydrology or drainage
from the pre-project condition.
REGIONAL CONDITION I – Relocation of Stream Beds
Relocated stream channels shall approximate the length, meander pattern, gradient, channel
cross-section, substrate and flow velocity of the original stream channel. Relocated stream
channels shall be designed and constructed to avoid excessive loss of flow through the bed and
dewatering of the stream channel. The relocation of stream channels shall include establishment
of an associated floodplain. The floodplain shall be of similar dimension and form as the
original, or sized to convey the 100-year flood while retaining the channel, substrate, and
floodplain characteristics without significant down- or head-cutting.
REGIONAL CONDITION J – Culvert Installation
Culverts in fish bearing waters must be installed in accordance with a valid Alaska Department
of Fish and Game, Fish Habitat Permit.
REGIONAL CONDITIONS K-N APPLY TO SPECIFIC NWPs
REGIONAL CONDITION K - Seasonal Docks Authorized by NWP 11, Temporary
Recreational Structures
5
3/19/12
Small, seasonal docks shall not extend more than 50 feet waterward of the ordinary high water
mark or mean high water mark, or exceed more than 25 percent of the width of the waterbody,
whichever is less.
REGIONAL CONDITION L – NWP 40 Agricultural Activities
The following activities are not authorized by NWP 40: a. Drain tiles, ditches, or levees or; b.
Mechanized land clearing and land leveling in wetlands within 500’ of anadromous lakes or
anadromous streams.
REGIONAL CONDITION M – NWP 44 Mining Activities
Placer mining activities are excluded from coverage by NWP 44 (Mining Activities). Placer
mining may be authorized by Regional General Permit 2006-1944. In Alaska, NWP 44 will only
authorize the following activities:
1. Hard rock mining, not including trenching, drilling, or access road construction.
Applicable to Section 404 only.
2. Temporary stockpiling of sand and gravel in waters of the U.S., limited to seasonally
dewatered unvegetated sand/gravel bars. Stockpiles shall be completely removed and the
area restored to pre-project contours within one year, in advance of seasonal ordinary
high water events, and/or prior to equipment being removed from site, whichever comes
first.
REGIONAL CONDITION N – NWP 48 Existing Commercial Shellfish Aquaculture
Activities
NWP 48 is revoked in Alaska. Applicants seeking authorization for this work are encouraged to
apply for Regional General Permit POA-2006-1035, Aquatic Farm Structures within the State of
Alaska.
U.S. FOREST SERVICE
ROAD USE PERMIT – INDIAN RIVER ROAD
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Section 4 and Section 6 of the National Forest Roads and Trails Act
16 U.S.C. 535 and 537
City of Tenakee Springs,P.O. Box 52, Tenakee Springs,Alaska 99841 (the holder), is hereby granted use of the
following roads or road segments and related transportation facilities (hereinafter "roads") on the Sitka Ranger
District,Tongass National Forest, for commercial hauling, subject to the terms and conditions of this permit:
A -Annual Operating Plan
B - Reconstruction Schedule
C - Reconstruction Plans and Specifications
D -Commensurate Share Calculation
E - Maintenance Requirements
F -Investment Sharing Calculation
TERMS AND CONDITIONS
I. GENERAL TERMS
A. AUTHORITY.This permit is issued pursuant to the National Forest Roads and Trails Act, 16 U.S.C.535
and 537 and 36 CFR Part 212,Subpart A,as amended,and is subject to their provisions.
B. RESPONSIBLE OFFICIAL.The responsible official is the Sitka District Ranger or a subordinate officer
with delegated authority.
C.IE,RM.This permit shall expire at midnight on December 31,2023.Expiration of this permit shall not require
notice, a decision document, or any environmental analysis or other documentation.
D. RENEWAL.This permit is renewable. Prior to expiration of this permit, the holder may apply for a new
permit that would renew the use authorized by this permit.Renewal of the use shall be at the sole discretion of
the responsible official.
E. AMENDMENT.This permit may be amended in whole or in part by the Forest Service when, at the
discretion of the responsible official, this action is deemed necessary or desirable to incorporate new terms that
may be required by law,regulation, directive, the applicable land management plan, or projects and activities
implementing a land management plan pursuant to 36 CFR part 215.
F. COMPLIANCE WITH LAWS. REGULATIONS, AND OTHER LEGAL REQUIREMENTS.In
exercising the rights and privileges granted by this permit, the holder shall comply with all present and future
federal laws and regUlations and all present and future state,county,and municipal laws,regulations, and other
legal requirements,including state traffic laws, that apply to the permit area,to the extent they do not conflict with
federal law, regulation,or policy The Forest Service assumes no responsibility for enforcing laws,regulations,
and other legal requirements that fall under the jurisdiction of other governmental entities.
G. NON-EXCLUSIVE USE.The use authorized by this permit is not exclusive. The Forest Service reserves
the right to use the roads authorized by this permit and to allow others to use them at any time. The holder shall
use the roads authorized by this permit in a manner that will not unreasonably or unnecessarily interfere with their
use by others, including the Forest Service. Except for any restrictions that the holder and the Forest Service
agree are necessary to protect public safety and road investments, the roads authorized by this permit shall
remain open to the public for all lawful purposes.
A. ANNUAL OPERATING PLAN.The holder shall prepare and annually revise by May 1st an operating
plan. The annual operating plan shall be prepared in consultation with the responsible official or the responsible
official's designated representative and shall cover all operations authorized by this permit.At a minimum,the
annual operating plan shall specify the date the use authorized by this permit will commence,the duration and
extent of the use, the products that will be hauled, a traffic control plan per clause II.C, the names of the holder's
employees, contractors, and subcontractors who will use the roads authorized by this permit on behalf of the
holder, and any other information regarding the authorized use deemed necessary by the responsible official.
The annual operating plan shall be submitted by the holder and approved by the responsible official or the
responsible official's designated representative prior to commencement of commercial hauling under this permit
and shall be attached to this permit as Appendix A. If there is any material change in the information contained in
the annual operating plan,the holder shall notify the responsible official promptly in writing of the change.
B. HOLDER'S REPRESENTATIVE.The holder shall designate a representative for purposes of
administration of this permit and shall notify the responsible official in writing who the holder's representative will
be.
C. USE RECORDS.Every [not applicable] during periods the holder is conducting commercial hauling on
the roads covered by this permit, the holder shall provide scale or other records acceptable to the responsible
official that document the quantity hauled, calculated in the unit of measure (e.g., thousands of board feet,
tons, cubic yards,or vehicle units) used to determine payments in lieu of performance under clause III.E or the
holder's investment share under section V.
D. PUBLIC SAFETY.When the holder is engaged in commercial hauling adjacent to or on National
Forest System roads or National Forest System trails open to public travel, the holder shall provide users with
adequate warning of hazardous conditions associated with the holder's operations. A traffic control plan for each
commercial hauling project shall be approved by the responsible official in writing before commercial hauling
commences. Warning devices shall be appropriate for current conditions and shall be covered or removed when
not needed. Flags and other warning devices shall comply with the Manual on Uniform Traffic Control Devices for
Streets and Highways (MUTCD) and any specifications attached to this permit.
1. The holder and its agents, employees, and contractors shall comply with all traffic rules and use
restrictions imposed by the Forest Service,including:
a. Road closures or use restrictions prompted by weather conditions, a fire hazard,or road construction or
maintenance.
2.Unless specified in this permit or approved in writing by the responsible official,use of motor vehicles by
the holder or its agents, employees,or contractors must be in accordance with the applicable motor vehicle
use map (36 CFR 261.13).
3. Temporary traffic control signs, flagging,and waming devices for road construction,operation,or
maintenance conducted under this permit shall comply with Part 6 of the MUTCD.
5.The holder shall not operate vehicles or equipment with cleats or other tracks that will injure the road
surface.
6.The holder shall not operate trucks more than 14 feet wide, or with a gross weight and load of
more than 52 tons on a 2 axle vehicle,72 tons on a 3 axle vehicle, or 80 tons on a 5 axle
vehicle with a wheel base not less than 37.5 feet.
F. REQUIREMENT TO CARRY A copy OF THE pERMIT.Drivers of all vehicles operating under this
permit shall have a copy of the first sheet of this permit in their vehicle.The copy will be presented, on request,to
any Forest Service officer.
G. LOAD MARKING.Unless otherwise approved in writing by the responsible official,when hauling wood
products under authority of this permit,a 6"minimum size red letter Up"shall be painted on three or more ends of
logs visible from the front and on three or more ends of logs visible from the back of the load.
A. RECONSTRUCTION REQUIRED TO ACCOMMODATE USE.The holder shall perform any road
reconstruction required to accommodate the holder's use under this permit,or deposit funds sufficient to cover the
cost of the reconstruction,before the holder's use commences.
1. The holder shall perform maintenance sufficient to cover the cost of maintenance,commensurate with the
holder's use of the roads authorized by this permit (the holder's commensurate share),measured,e.g.,in
thousand board feet,cubic yards,or vehicle units. The holder shall be entirely responsible for maintenance
that is necessitated by the holder's use, i.e., maintenance which would not be necessary if the holder's use
did not occur.The holder shall be proportionately responsible with other users of the roads authorized by this
permit for maintenance not necessitated by traffic,i.e.,maintenance that is necessary due to natural causes
such as rain, wind, rock fall, and growth of brush. Maintenance that could be required or for which payment
could be required by this clause includes, at a minimum, work addressed in section IV of this permit.
2.The initial calculation of the holder's commensurate share, including the maintenance made necessary
by the authorized use and the cost of the maintenance, is shown in Appendix D.The value of the
holder's commensurate share for the use authorized by this permit is $2,400 for the
initial construction time period. Work required in lieu of payment includes grading
and shaping the existing haul road, maintaining surface crown and conserving
surfacing material.If the value of the holder's commensurate share exceeds the cost of maintenance
that is performed on the roads authorized by this permit,the difference between the value of the holder's
commensurate share and the cost of the maintenance performed shall be deposited in cash,as provided in
clause 1I1.E.
A. IN GENERAL.When maintenance is performed, it shall be conducted in accordance with the following
requirements:
1.The holder shall perform maintenance on the roads authorized by this permit that is necessary to protect
and repair the roadbed, road surface, and associated transportation facilities.
2. The holder shall resurface the roads authorized by this permit to the extent loss of surfacing is caused by
the use authorized by this permit.
3. If other commercial haulers are operating on the roads authorized by this permit,the holder and those
commercial haulers shall enter into an agreement for performance of maintenance on these roads.If conflicts
arise regarding responsibility for the maintenance,commercial hauling on these roads shall cease until the
conflicts are resolved.
B. SNOW REMOYAL.Snow removal shall be conducted in a manner that protects roads, ensures safe and
efficient transportation of materials, and prevents erosion damage to roads, streams, and adjacent lands.The
holder shall:
3.Remove snow,ice,and debris from ditches and culverts so that the drainage system will function
efficiently at all times.
4. Deposit all debris, except snow and ice,removed from the road surface and ditches at locations approved
by the responsible official and away from stream channels.
7. Ensure that snow plowing is conducted in accordance with the traffic control plan required under clause
II.C.
9.Leave snow berms on the road surface. Berms on the shoulder of the road shall be removed or drainage
holes shall be opened and maintained. Drainage holes shall be spaced as necessary to obtain satisfactory
surface drainage without discharge on erodible fills.
10.Use equipment with cleats or other tracks to plow snow without prior written approval of the responsible
official.
1. The holder is hauling non-federal forest products from land tributary to roads authorized under this permit,
and is therefore subject to investment sharing under 16 U.S.C. 535. The holder shall reimburse the Forest
Service or, in lieu of reimbursement, perform maintenance or reconstruction required to accommodate the
holder's use,for the holder's share of the construction costs for roads authorized under this permit that have
been borne by the Forest Service (the holder's investment share).If reconstruction to accommodate the
holder's use is required, it shall be completed before the holder's use commences.
2. The holder's investment share shall be based on the percentage of total non-federal forest products on
lands tributary to the roads authorized by this permit that the holder will be hauling. The value of the holder's
investment share is $5,563, calculated using the rate of payment for the holder's commensurate share in
clause III.C.The initial calculation of the holder's investment sharing, made necessary
by the authorized use, is equivalent to cleaning existing ditches and culvert catch
basins on the 1st 1.2 miles on road 7500.Payments shall be sent to (not applicable). The holder's
investment share shall be paid off at a rate of the total construction costs for roads authorized under this
permit divided by the total volume of non-federal forest products (e.g.,measured in thousand board feet, tons,
cubic yards,or vehicle units) that will be hauled from lands tributary to the roads authorized by this permit
over [specify period, typically 20 years]. The calculation of the holder's investment share and the rate of
payment are shown in Appendix F.
A. LEGAL EFFECT OF THE PERMIT.This permit,which is revocable and terminable, is a federal license.
This permit does not constitute a contract or lease for purposes of the Contract Disputes Act, 41 U.S.C. 601. This
permit is not real property,does not convey any interest in real property,and may not be used as collateral for a
loan.
C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS.The parties to this permit do not intend to
confer any rights on any third party as a beneficiary under this permit.
D. RISK OF LOSS.The holder assumes all risk of loss associated with use of the roads authorized by this
permit,including but not limited to theft,vandalism,fire and any fire-fighting activities (including prescribed burns),
avalanches, rising waters, winds, falling limbs or trees, and acts of God.
E. DAMAGE TO UNITED STATES PROPERTY.The holder has an affirmative duty to protect from
damage the land,property,and other interests of the United States. Damage includes but is not limited to fire
suppression costs, damage to government improvements covered by this permit, and all costs and damages
associated with or resulting from the release or threatened release of a hazardous material occurring during or as
a result of activities of the holder or the holder's heirs,assigns,agents, employees, contractors,or lessees on,or
related to,the lands, property,and other interests covered by this permit.For purposes of this clause, "hazardous
material" shall mean any hazardous substance, pollutant, contaminant, hazardous waste, oil,and/or petroleum
product, as those terms are defined under any federal, state,or local law or regulation.
1.The holder shall avoid damaging or contaminating the environment, including but not limited to the soil,
vegetation (such as trees, shrubs, and grass), surface water,and groundwater, while conducting commercial
hauling under this permit.If the environment or any government property covered by this permit becomes
damaged during the holder's use under this permit, the holder shall immediately repair the damage or replace
the damaged items to the satisfaction of the responsible official and at no expense to the United States.
2. The holder shall be liable for all injury,loss,or damage,including fire suppression,or other costs in
connection with rehabilitation or restoration of natural resources associated with the use authorized by this
permit.Compensation shall include but not be limited to the value of resources damaged or destroyed,the
costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs,and
all administrative,legal (including attorney's fees), and other costs. Such costs may be deducted from a
performance bond required under clause IV.D.
3.The holder shall be liable for damage caused by use of the holder or the holder's heirs, assigns,agents,
employees, contractors,or lessees to all roads and trails of the United States to the same extent as provided
under clause VI.E.1.
F. HEALTH. SAFETY, AND ENVIRONMENTAL PROTECTION.The holder shall promptly
abate as completely as possible and in compliance with all applicable laws and regulations any activity or
condition arising out of or relating to use of the roads authorized by this permit that causes or threatens
to cause a hazard to public health or the safety of the holder's employees or agents or harm to the
environment (including areas of vegetation or timber, fish or other wildlife populations, their habitats,
or any other natural resources). The holder shall immediately notify the responsible official of all traffic
accidents and any other serious accidents that occur in connection with the authorized use. The
responsibility to protect the health and safety of all persons affected by use of the roads authorized by
this permit is solely that of the holder.The Forest Service has no duty under the terms of this permit to
inspect the roads authorized by this permit or authorized activities of the holder for hazardous conditions
or compliance with health and safety standards.
G. COMPLIANCE WITH ENVIRONMENTAL LAWS.The holder shall in connection with use of
the roads authorized by this permit comply with all applicable federal, state, and local environmental laws
and regulations,including but not limited to those established pursuant to the Resource Conservation
and Recovery Act, as amended, 42 U.S.C. 6901 et seq.,the Federal Water Pollution Control Act,as
amended,33 U.S.C. 1251 et seq.,the Oil Pollution Act, as amended, 33 U.S.C. 2701 et seq.,the
Clean Air Act, as amended, 42 U.S.C. 7401 et seq.,the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. 9601 et seq.,the Toxic Substances
Control Act, as amended, 15 U.S.C. 2601 et seq.,the Federal Insecticide,Fungicide, and Rodenticide
Act, as amended, 7 U.S.C. 136 et seq.,and the Safe Drinking Water Act,as amended,
42 U.S.C.300f et seq.
H. INDEMNIFICATION OF THE UNITED STATES.The holder shall indemnify, defend,
and hold harmless the United States for any costs, damages, claims, liabilities, and judgments arising
from past,present,and future acts or omissions of the holder or the holder's employees, contractors,
or subcontractors in connection with use of the roads authorized by this permit.This indemnification
provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assigns,
agents,employees, or contractors in connection with use of the roads authorized by this permit which
result in (1) violations of any laws and regulations which are now or which may in the future become
applicable,and including but not limited to those environmental laws listed in clause V.G of this permit;(2)
judgments,claims,demands, penalties,or fees assessed against the United States;
(3) costs,expenses, and damages incurred by the United States;or (4) the release or threatened release
of any solid waste, hazardous waste,hazardous substance,pollutant, contaminant, oil in any form, or
petroleum product into the environment.The responsible official may prescribe terms that allow the
holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages
in addition to or as an alternative to monetary indemnification.
B. CURRENT AD PRESSES.The holder and the responsible official shall keep each other informed
of current mailing addresses, including those necessary for payment of the holder's commensurate or
investment share.
Top of Form
Bottom of Form
D. SUPERIOR CLAUSES.If there is a conflict between any of the preceding printed clauses and any of the
following clauses, the preceding printed clauses shall control.
BEFORE ANY PERMIT IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED
TO THE RESPONSIBLE OFFICIAL OF THE AUTHORITY OF THE SIGNATORY FOR THE
ENTITY TO BIND IT TO THE TERMS AND CONDITIONS OF THE PERMIT.
ACCEPTED:CtW of''1a\(Il/{ee JfR{N~S
DON rE:G-"f::5 ~n
NtQS?6R.<-u ~
HOLDER NAME, PRECEDED BY NAME AND TITLE SIGN~~
OF PERSON SIGNING ON BEHALF OF HOLDER,
IF HOLDER IS AN ENTITY
tf-JJ.-13
APPROVED:(ft~{A ~,JfiAle-
p,'s+r,-eJ-~
NAME AND TITLE OF RESPONSIBLE OFFICIAL
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to,
a collection of information unless it displays a valid OMB control number.The valid OMB control number for this information collection is
0596-0016.The time required to complete this information collection is estimated to average [fill in burden hour estimate]hour per
response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and
completing and reviewing the collection of information.
The U.S.Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race,color,national
origin,gender,religion,age,disability,political beliefs,sexual orientation,and marital or family status. (Not all prohibited bases apply to all
programs.) Persons with disabilities who require alternative means for communication of program information (Braille,large print,audiotape,
etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TOO).
To file a discrimination complaint write USDA,Director, Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250-9410
or call (800) 975-3272 (voice) or (202) 720-6382 (TOO).USDA is an equal opportunity provider and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for
information received by the Forest Service.
Joel Groves
From:"McMahon, Dan -FS" <dmcmahon@fs.fed.us>
Date:Friday, June 21, 2013 12:08 PM
To:<joel@polarconsult.net>
Attach:permit_fee_calculations.xlsx
Subject:FW: Road Use Permit for Tenakee Springs Hydro
Page 1 of 2
6/24/2013
Regarding appendices A thru F look no further, there are none other than the attached which could be
considered parts D and F. Part A could be something I’d ask of you but I won’t. Based on the attached fee
calculation, based on the amount of your use during the construction phase, the city would normally pay us
about $8000 for their road use. I do not intend on collecting any fees for road use, ever. What I would like to
have done for year 1 is to have the ditch and culvert inlets cleaned between the beach and the beginning of your
project. Based on bid tabs from other projects the cost of this is generally in the $2000$3000 per mile range.
For each year after construction is complete the work in lieu of payment is clearing the road of blown down
trees and minor culvert inlet cleaning as needed.
I don’t anticipate any reconstruction needs, which would be parts B and C. I do ask that after the hydro road
construction is complete the road is in the same or better condition than it presently is. If you have any further
questions don’t hesitate to ask.
Dan 907 772 5827
From: Davis, Clay R -FS
Sent: Tuesday, June 18, 2013 9:56 AM
To: Joel Groves
Cc: McMahon, Dan -FS
Subject: RE: Road Use Permit for Tenakee Springs Hydro
Hi Joel,
Dan wrote the road use permit. I don’t have copies of those attachments.
Clay
From: Joel Groves [mailto:joel@polarconsult.net]
Sent: Thursday, June 13, 2013 4:48 PM
To: Davis, Clay R -FS
Subject: Road Use Permit for Tenakee Springs Hydro
Hi Clay,
I was reviewing the road use permit for Tenakee (attached), and just realized that on page 1, the
permit references appendices A thru F that I do not have. Could you please forward those to me?
Thanks,
Joel
Joel D. Groves, PE
Polarconsult Alaska, Inc.
1503 West 33rd Avenue, 3rd Floor
Anchorage, Alaska 99503
Tel: 907.258.2420 x204
Fax: 907.258.2419
Cell: 907.360.9042
joel@polarconsult.net
This electronic message contains information generated by the USDA solely for the intended
recipients. Any unauthorized interception of this message or the use or disclosure of the
information it contains may violate the law and subject the violator to civil or criminal penalties.
If you believe you have received this message in error, please notify the sender and delete the
email immediately.
Page 2 of 2
6/24/2013
Road Use Permit Calculations City of Tenakee Springs Indian River Road System
Road use permit application estimates 30,000 tons of material to be hauled over road for
initial construction, thereafter only light equipment needed for monitoring plant.
Convert the ton figure to thousand board feet (mbf)
30000 tons/16,500#/mbf = 3636.364 mbf
Road Maintenance
Rate is $0.55/mbf/mile
3636 mbf x 1.2 miles x $0.55/mbf =$2,400
Investment Sharing
Rate is 1.275/mbf/mile
3636 mbf x 1.2 miles x $1.275/mbf/mile = $5,563
Since the USFS has no planned maintenance on the Indian River road, no road maintenance
fee collection is part of the permit. The permittee will perform all necessary routine road
maintenance in lieu of fees. Similarly there is no planned fee collection for investment
sharing, the permittee will perform an equal value of work including ditch cleaning, blow
down removal and culvert inlet cleaning as needed.
For outyears after the hydro plant is constructed, the permittee will be responsible for
removing blow down trees and routine cleaning of culverts as the need arises.
6/24/2013 Sheet1, permit_fee_calculations.xls
U.S. FISH AND WILDLIFE SERVICE
BALD EAGLE SURVEY
p olarconsult a la ska, inc.
1503 West 33rd Avenue, Suite 310
Anchorage, Alaska 99503-3638
Phone: (907) 258-2420
FAX: (907) 258-2419
T E C H N I C A L R E P O R T
121126-TKE_BALDEAGLESURVEYREPORT.DOC
DATE: November 29, 2012
TO: USFWS
FROM: Joel Groves, Polarconsult Project Manager
SUBJECT: Bald Eagle Nest Survey
CC:
Introduction and Background
The City of Tenakee Springs, Alaska plans to construct a run-of-river hydroelectric project on
Indian River, located approximately one mile east of the city (Figure 1). The hydroelectric
project will displace an estimated 90% of the diesel fuel consumed by the city electricity utility
annually. This will decrease the amount of fuel barged to Tenakee Springs annually, and allow
the electric utility to reduce the very high electric rates in the community. The project will also
improve air quality and reduce noise pollution in Tenakee Springs, improving the community’s
quality of life and environmental and economic sustainability.
Bald eagles (Haliaeetus leucocephalus) occur year-round in Tenakee Inlet. In the project
vicinity, bald eagle nests are expected to be found primarily in the crowns of conifer trees along
the coastal edge of the forest.
The bald eagle is protected under the Bald Eagle Protection Act of 1940 as amended (16 U.S.C
§§ 668-68d) and the Migratory Bird Treaty Act of 1918 (16 U.S.C §§ 703-12). The Bald Eagle
Protection Act (Eagle Act) prohibits anyone from ‘taking’ bald eagles, their eggs, nest, or any
part of the birds. The Eagle Act defines ‘taking’ as “to pursue, shoot, shoot at, poison, wound,
kill, capture, trap, collect, molest, or disturb”. To avoid disturbing nesting bald eagles, the U.S.
Fish and Wildlife Service (USFWS) recommends:
(1) keeping a distance between the activity and the nest (distance buffers),
(2) maintaining preferably forested (or natural) areas between the activity and around nest
trees (landscape buffers), and
(3) avoiding certain activities during the breeding season.
The buffer areas serve to minimize visual and auditory impacts associated with human activities
near nest sites. Ideally, buffers would be large enough to protect existing nest trees and
provide for alternative or replacement nest trees.
The required buffer depends on many factors, including the nature of the disturbance, and the
type and quality of available landscape buffer. The USFWS recommends a primary buffer of
330 feet around eagle nest sites to avoid disturbance to nesting eagles and nesting trees.
Native vegetation should be preserved within the primary buffer. A secondary buffer extending
from the primary buffer to 660 feet from the nesting site is recommended during the nesting
season (generally March through August). Clearing or other disturbances should not be
conducted within the secondary buffer during the nesting season. If topography or vegetation
C I TY OF T E NAKEE S P RINGS
I N DIAN R I VER H Y DROELECTRIC P R OJECT
E A GLE N E ST S U RVEY R E PORT P O LARCONSULT A L ASKA , I N C .
NOVEMBER 29, 2012 PAGE 2 OF 6
does not provide a suitable landscape buffer, increased buffer distances to ¼ or ½ mile may be
needed (USFWS, 2007).
Purpose and Need of Survey
The purpose of this bald eagle nest survey was to document the presence, quantity, and
location of bald eagle nests in the proximity of the beach landing areas, access corridors,
diversion site, penstock route, powerhouse site, and power line route of the proposed Indian
River Hydroelectric Project. A supplemental objective is to report incidental observations of
bald eagles in the project area. The data will be used to fulfill state and federal permitting
requirements and help analyze potential impacts of the project on bald eagles and their nest
sites.
Project Area
The project area is located east of the City of Tenakee Springs, generally enclosed within a
triangle starting at the small boat harbor, extending east to the log transfer facility at Sunny
Cove, then extending inland along Indian River Road approximately one mile to the hydro
projet area, and then back to the small boat harbor. More specifically, the project area
encompasses areas in proximity to the beach landing areas, access corridors, diversion site,
penstock route, powerhouse site, and power line route of the proposed Indian River
Hydroelectric Project.
Methods
Surveys of the project area for eagle nests were conducted from air, boat and land.
Marine Survey
On May 15, 2012, a boat survey was conducted to identify bald eagle nest locations in the
vicinity of the project area. The survey started at 15:00 and ended at 16:00, covering the coast
from Tenakee Point east to Sunny Point. Weather during the survey was overcast, with no
precipitation and calm winds. The survey was conducted from the deck of a local landing craft,
using binoculars at a typical distance from the forest’s coastal edge of 500 to 1,500 feet,
depending on the local shoreline conditions. Sea conditions were mild, allowing for detailed
observation of the coastal forest for bald eagles and eagle nests. Nest locations were marked
on a project map for input to the project engineering plans.
Terrestrial Surveys
Surveys along the project’s inland corridors were conducted either on foot or by all terrain
vehicle (ATV), depending on access conditions.
On May 14 and 15, 2012, an ATV survey was conducted along the one mile segment of Indian
River Road (U.S. Forest Service Road #31-7500) from tidewater up to the project area. In order
to maximize the survey coverage along the road corridor, two round trips along the road were
conducted with the ATV traveling at approximately five miles per hour, and the surveyor as a
passenger on the ATV. On the first round-trip, the surveyor scanned the forest canopy only to
vehicle left. On the second round-trip, the surveyor scanned the forest canopy only to vehicle
right. This approach ensured complete survey of the forest canopy from two different vantage
C I TY OF T E NAKEE S P RINGS
I N DIAN R I VER H Y DROELECTRIC P R OJECT
E A GLE N E ST S U RVEY R E PORT P O LARCONSULT A L ASKA , I N C .
NOVEMBER 29, 2012 PAGE 3 OF 6
points (up-road and down-road) along both sides of the road. Weather on the 14th was partly
cloudy, and cloudy on the 15th. Nest coordinates along the road were collected with a global
positioning system receiver and estimated distance off the road was noted.
On May 16, 2012, the power line route was surveyed on foot. The survey started at 13:00 and
ended at 18:00. Weather during the survey was high overcast. Decidious trees along the
power line route had not yet leafed out, allowing for good visibility of the crowns of mature
confiers along the route. The survey started at the small boat harbor, traveled up to the west
side of Indian River across from the power house site, and then returned to the small boat
harbor. Nest coordinates along the route were collected with a global positioning system
receiver.
Aerial Survey
An aerial survey for eagle nests in the vicinity of the inland features of the project was
conducted on June 3, 2009. The survey started at 6:15 PM and ended at 6:30 PM. The survey
was conducted from a DeHavilland Beaver float plane operated out of Juneau, Alaska. Weather
at the time of the survey was clear and sunny, with mild winds. The survey elevation was
approximately 500 feet above ground level with an average airspeed of approximately 80 to
110 miles per hour. The survey began at Tenakee Springs, traveled north of the power line
route to Indian River, then up the river corridor along the west side of the river, turning north
of Falls No. 5 and descending down the east side of the river. Two observers were both seated
on the right side of the plane. Nest coordinates along the route were collected with a global
positioning system receiver.
Results
The USFWS provided information on previously documented eagle nests in the project vicinity,
based on surveys performed in 2001 (Figure 2).
In the surveys performed for this project, one bald eagle nest was observed from the water
along the coast at Tenakee Point, just east of Tenakee Springs’ boat harbor (Figure 1). The nest
was in the crown of a mature sitka spruce. A single mature eagle was in the nest. The presence
of eggs could not be determined from the viewing angle and distance.
A total of six adult bald eagles were observed in the project area during the marine survey. All
bald eagles were observed perched in trees along the coast line between Tenakee Point and the
Sunny Cove log transfer facility. None of these eagles were in nests, nor could nests be
identified in the surrounding canopy. No bald eagles were observed along inland areas during
marine, terrestrial or aerial surveys.
Conclusion
One bald eagle nest was found in the general vicinity of the project during the marine survey
(Figure 1). Terrestrial and aerial surveys did not identify any nests. The identified nest is
approximately 1,200 feet from the nearest work area for this project, providing an
approximately 1,200-foot buffer of old-growth rain forest between the nest and project
disturbances.
C I TY OF T E NAKEE S P RINGS
I N DIAN R I VER H Y DROELECTRIC P R OJECT
E A GLE N E ST S U RVEY R E PORT P O LARCONSULT A L ASKA , I N C .
NOVEMBER 29, 2012 PAGE 4 OF 6
Bald eagles are well-documented in Tenakee Inlet, and are a common sight along the shores of
Tenakee Inlet. The one nest found is approximately 1,200 feet from the nearest project
features or work areas.
Recommendations
Most activities associated with this project will be Category B or lesser-impact activities.
Landscape and activity buffers of 660 feet are recommended between identified eagle nests
and work areas. No seasonal activity restrictions are recommended.
There is the potential for Category G (aircraft) activity for staging some project material,
depending on final project designs, material sources, geotechnical conditions, and construction
methods. A 1,000 foot vertical and horizontal buffer is recommended between flight corridors
and identified eagle nests. No seasonal activity restrictions are recommended.
There is the potential for limited Category H activity (blasting) at the work site in the Indian
River canyon and/or at an existing quarry site on Indian River Road, depending on final project
designs, material sources, geotechnical conditions, and construction methods. A ½-mile
landscape buffer of predominantly continuous old-growth coastal rainforest will be maintained
between potential blasting sites and identified eagle nests. No seasonal activity restrictions are
recommended.
References
U.S. Fish and Wildlife Service (USFWS). 2007. National Bald Eagle Management Guidelines.
Schempf, Phil. 2012. personal communication between Phil Schempf, USFWS Biologist, and
Joel Groves, Polarconsult Alaska, Inc. on November 26, 2012.
C I TY OF T E NAKEE S P RINGS
I N DIAN R I VER H Y DROELECTRIC P R OJECT
E A GLE N E ST S U RVEY R E PORT P O LARCONSULT A L ASKA , I N C .
NOVEMBER 29, 2012 PAGE 5 OF 6
Figure 1: Project Vicinity Map and Identified Bald Eagle Nest Sites
C I TY OF T E NAKEE S P RINGS
I N DIAN R I VER H Y DROELECTRIC P R OJECT
E A GLE N E ST S U RVEY R E PORT P O LARCONSULT A L ASKA , I N C .
NOVEMBER 29, 2012 PAGE 6 OF 6
Figure 2: Previously Identified Bald Eagle Nest Sites (Surveyed in 2001, provided by USFWS)
ALASKA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF MINING, LAND AND WATER
EARLY ENTRY AUTHORIZATION TO UTILITY EASEMENTS
ALASKA DEPARTMENT OF NATURAL RESOURCES
DIVISION OF MINING, LAND AND WATER
WATER USE PERMIT
Page 1 of 3
Department of Natural Resources
Division of Mining, Land, and Water
PERMIT TO APPROPRIATE WATER
LAS 27836
The State of Alaska, acting by and through the Department of Natural Resources,
Division of Mining, Land and Water, PO Box 111020, 400 Willoughby Avenue, Suite
400, Juneau, Alaska 99811-1020, hereinafter referred to as the grantor, under AS
46.15, the Alaska Water Use Act, and the regulations adopted under it, grants to:
City of Tenakee Springs
P.O. Box 52
Tenakee Springs, Alaska 99841
The right to develop the following use of water:
SOURCE: Indian River
QUANTITY: 50 Cubic Feet per Second
USE: Hydroelectric Power Generation
PERIOD: January 1 through December 31
With a PRIORITY DATE of September 7, 2010
The location of this water source:
A diversion weir on Indian River, which flows into Tenakee Inlet, approximately 1
mile northeast of Tenakee Springs on Chichagof lsland, in the SE1/4 SW1/4 of
Section 15, Township 47 South, Range 63 East, Copper River Meridian,
The location to which this appropriation is appurtenant:
A hydroelectric powerhouse located approximately 1,800 feet downstream of the
diversion weir and adjacent to the Indian River within State of Alaska easement
ADL 108047, in the NE1/4 NW1/4 of Section 22, Township 47 South, Range 63
East, Copper River Meridian, located within the Sitka Recording District, First
Judicial District, State of Alaska.
Changes in the natural state of water are to be made in the manner and only for the
purposes stated in this permit. This permit is subject to the pertinent statutory
PERMIT TO APPROPRIATE WATER
LAS 27836
Page 2 of 3
provisions in AS 46.15, Administrative Regulations in 11 AAC 93, and the following
conditions:
The holder of this permit shall comply with the following:
1. Follow acceptable engineering standards in exercising the right granted by
this permit.
2. Except for claims or losses arising from negligence of the State, defend
and indemnify the State against and hold it harmless from any and all
claims, demands, legal actions, loss, liability and expense for injury to or
death of persons and damages to or loss of property arising out of or
connected with the exercise of the right granted by this permit.
3. Comply with all applicable laws, regulations and conditions.
4. Notify the grantor of any change of address, transfer of any real property
identified in this permit, or any proposed change in the water
appropriation.
5. Respond to any request for additional information during the duration of
this permit per AS 46.15.100 and AS 46.15.175. Failure to respond may
result in the termination of this permit.
6. Obtain and maintain permanent right of access to the property where
water is to be withdrawn, impounded, or diverted, and over which water is
to be transported both to the point of use and to the point of discharge, per
11 AAC 93.040 (c) (4).
7. This permit is subject to ADFG Fish Habitat Permit FH11-I-0125 (Issued
December 15, 2011) as it has been issued and may be amended from
time to time, regarding, but not limited to, minimum in-stream flow
releases, diversion structures, step-heights between fish pass structure
pools, fish screen, rates of decrease in water levels, monitoring,
recording, and reporting, etc.
ADFG Fish Habitat Permit FH11-I-0125 is hereby attached as Appendix A,
and compliance therewith, or any amendment thereof, is a condition of this
State water permit (LAS 27836).
Per the above referenced ADFG Fish Habitat Permit, or as it may be
amended from time to time, the fish pass structure will be provided with a
ALASKA DEPARTMENT OF FISH AND GAME
FISH HABITAT PERMIT
ATTACHMENT G.2
PHASE 1 CONSTRUCTION INSPECTION REPORT (June 16, 2014)
polarconsult alaska, inc.
1503 West 33rd Avenue, Suite 310
Anchorage, Alaska 99503-3638
Phone: (907) 258-2420
FAX: (907) 258-2419
I NSPECTION R EPORT
140616-PH1INSPECTIONREPORT.DOC
DATE: June 16, 2014
TO: Art Bloom, City Project Manager
Dylan Ashe, Channel Construction Project Manager
FROM: Joel Groves, Polarconsult Project Manger
SUBJECT: Indian River Hydroelectric Project – Phase 1 Construction Final Inspection and
Tentative List of Items to be Completed
CC: Project File
INTRODUCTION
Polarconsult Engineer Mike Dahl, PE mobilized to the project site Thursday, June 5th through
Friday June 6th 2014 for final inspection of the Phase I Construction of the Indian River
Hydroelectric Project. Mr. Dahl arrived on Ward Air at approximately 11:00 AM, accompanied
by Mr. Dylan Ashe of Channel Construction, Inc. Channel Construction had demobilized all
equipment and personnel Wednesday evening June 4th for another job site.
Mr. Dahl and Mr. Ashe completed inspections of the Phase I project work area and proposed
penstock benching areas on the afternoon of June 5th. Inspections were completed using
revision 6 of the design plans, dated 11/22/2013. Also met with William Tonsgard of Channel
Construction, Inc. to discuss Phase 1 project and proposed penstock benching when he was on
site on June 6th from 10 to 11 AM.
Contract surveyors for Channel Construction arrived the morning of June 6 th to complete an as‐
built survey of the Phase 1 work. Mr. Dahl clarified field as‐built information needed with
surveyors.
Mr. Dahl completed other field work associated with the hydro project on the evening of
Thursday June 5th and the morning of Friday June 6th, and departed Tenakee Springs that
afternoon, returning to Anchorage that evening.
INSPECTION RESULTS
Log Transfer Facility (LTF)
The City’s LTF was inspected and found to be in reasonable condition, free of debris and
equipment. A stockpile of material remains at the site.
U.S. Forest Service Logging Road (Indian River Road)
Indian River Road from the LTF up to the Project’s main access road was found to be in
reasonable condition. Surface course material from the quarry has been added to the road and
the road is in equal or better condition than before this project. There are some minor
variations in the surface from rock truck wheel loading and a few pot holes.
Quarry
No conditions warranting action were noted at the quarry. Approximately 1,000 cyd of 10 inch
minus shot rock remains in the back of the quarry from Channel Construction’s second shot.
Some additional material is salvageable within the quarry site.
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Project Main Access Road
The main access road station 0+00 (start at Indian River Road) to approximately 13+50 (start of
cut to powerhouse work pad) has been completed consistent with the plans and specifications.
Main Access Road approximately station 13+50 to 17+00. Exposed cut slopes above bedrock
and rock armor need to be stabilized and revegetated. Recommend rolling out and stapling
jute matting to exposed cut slopes and then spreading seed/fertilizer mix.
Main Access Road approximately station 16+00 to Powerhouse Work Pad. The road grade in
this area is not uniform, with a high spot at station 16+10 to 17+35 creating a 40% grade which
impedes uphill construction traffic. Recommend the road grade be corrected to achieve
uniform grade of 32% (see attached sheet C1.1 with 6/7/14 as‐built grade conditions). This
would require lowering the finish grade between station 16+10 and 17+35 with a maximum cut
of 2.7 feet at approximately 17+07.
Main Access Road Turnaround
The Main Access Road Turnaround has been completed consistent with the plans and
specifications. The turnaround pad is longer and narrower than specified on the rev. 6 plans but
is correct in area. Final dimensions meet the functional requirements of the turnaround.
The original plans and specifications had larger dimensions for this turnaround, but they were
revised (rev. 4, 10/21/13) to reflect then‐as‐built conditions.
Intake Access Road
The Intake Access Road station 0+00 (start at Main Access Road) to 8+21 (end) has been
completed consistent with the plans and specifications, with the exception of the grade from
station 5+25 to 6+00. Grade in this area is 17.7%, which exceeds the specified maximum
allowable grade of 15% (C1.0). This grade does not significantly diminish the utility of the
access road and no corrective action is recommended.
Powerhouse Work Pad
The Powerhouse Work Pad is longer, narrower, and smaller in area than shown on the plans.
Approximate as‐built area is 3,500 square feet compared with 4,300 square feet on the
construction plans. The as‐built dimensions are constrained by site topography and the only
feasible direction for extension is to the north (upriver). Extending the pad in this direction
would interfere with the start of the planned penstock bench, so expansion of the pad to design
area is not recommended at this time. The as‐built condition of the Powerhouse Work Pad
meets its functional requirements and no corrective action is recommended.
Powerhouse Construction Access Trail
The Powerhouse Construction Access Trail was constructed with a maximum grade of 45% at
station 1+50, which exceeds the specified grade of 35% (2/C1.3). Also, the fill slope from
station 1+40 to 2+07 (end) is not constructed of adequate size material to keep from eroding
during high water events in Indian River.
To correct these deficiencies, it is recommended that the Contractor remove the top 3 feet off
of the face of the fill slope from 1+40 to 2+07 and use this material to extend the trail to reduce
the grade. Then place a 3 foot thick layer of 2 foot minus shot rock from the excess fill adjacent
to the Intake Access Trail over the face of the fill prism to armor from erosion. Maintain the
existing location of the toe of the fill and shift the road centerline uphill as the final grade is
I NDIAN R IVER H YDRO – P HASE I C ONSTRUCTION I NSPECTION R EPORT P OLARCONSULT
June 16, 2014 Page 3 of 6
increased (see 3 & 4/C1.3, also Figure 6). The surface course on this trail can be omitted as this
is a temporary construction trail that will be upgraded as part of Phase 2 construction.
Intake Access Trail
The Intake Access Trail was constructed with a maximum grade of 30% at station 1+25 which
exceeds the specified maximum grade of 25%. The Intake Access Trail has excessive fill on the
right (river) side from station 1+15 to 2+06 (end) and significant fly rock from blasting was
noted in the river bed adjacent to the fill. This fill and fly rock is blocking approximately ½ of
the river channel and must be removed to prevent increased flood hazard to the existing fish
pass. See 3/C1.2 showing as‐built conditions and recommended design to correct excess fill
into the river. Excess material can be utilized on the Powerhouse Construction Access Trail fill
slope armoring. Stockpile excess material on the maneuvering pads at the material disposal
site for future reuse.
Excess Material Disposal Site
The excess material disposal site is full and needs to be graded and revegetated. Leave the
existing shot rock pads exposed and shape the stockpile per Sheet C1.8. If possible, the
stockpile should be capped with the brown loam material or brown loam mixed with blue clay
and tracked or scarified with excavator and seeded to promote vegetation. If blue clay cannot
be reasonably capped in this manner, staple jute matting to areas of exposed blue clay and
spread seed/fertilizer mix to promote revegetation.
ITEMS TO BE COMPLETED (TENTATIVE LIST)
1. Cut grade on Main Access Road from station 16+10 to 17+35 (see attached sheet C1.1,
detail 1 & 2).
2. Revegetate Main Access Road cut slopes above rock armoring.
3. Grade and revegetate material stockpile (see attached sheet C1.8).
4. Realign Intake Access Trail Remove and remove excess shot rock from Indian River adjacent
to trail (see attached sheet C1.2, detail 3 & 4).
5. Adjust alignment and grade and armor fill slope on Powerhouse Construction Access Trail
(see attached sheet C1.3, details 1‐4, and Figure 6).
PHOTOGRAPHS
Photographs included on the following pages are listed below.
Figure 1. Disposal Site
Figure 2. Intake Access Trail Fill
Figure 3. Intake Access Trail Cut
Figure 4. Main Access Road above Powerhouse Work Pad
Figure 5. Powerhouse Access Trail Fill
Figure 6. Detail of recommended completion of Powerhouse Construction Access Trail.
ATTACHMENTS
1. Sheets C1.1 – C1.3 showing as‐built conditions of project access roads / trails and
recommended work to correct 6/7/14 as‐built conditions to conform to construction
drawings and project requirements as described in this memo.
2. Sheet C1.8 from design plans, rev. 6, dated 11/22/2013.
I NDIAN R IVER H YDRO – P HASE I C ONSTRUCTION I NSPECTION R EPORT P OLARCONSULT
June 16, 2014 Page 4 of 6
Figure 1 ‐ Disposal Site
Figure 2 ‐ Intake Access Trail Fill
I NDIAN R IVER H YDRO – P HASE I C ONSTRUCTION I NSPECTION R EPORT P OLARCONSULT
June 16, 2014 Page 5 of 6
Figure 3 ‐ Intake Access Trail Cut
Figure 4 ‐ Main Access Road Above Powerhouse Work Pad
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June 16, 2014 Page 6 of 6
Figure 5 ‐ Powerhouse Access Trail Fill
ATTACHMENT G.3
PHASE 1 CONSTRUCTION FINAL INSPECTION REPORT (July 11, 2014)
polarconsult alaska, inc.
1503 West 33rd Avenue, Suite 310
Anchorage, Alaska 99503-3638
Phone: (907) 258-2420
FAX: (907) 258-2419
I NSPECTION R EPORT
140711-PH1FINALINSPECTIONREPORT.DOC
DATE: July 11, 2014
TO: Art Bloom, City Project Manager
Dylan Ashe, Channel Construction Project Manager
FROM: Joel Groves, Polarconsult Project Manger
SUBJECT: Indian River Hydroelectric Project – Phase 1 Construction Final Inspection Report
CC: Project File
INTRODUCTION
This Final Inspection Report for the Indian River Hydroelectric Project – Phase 1 Construction
addresses the items to be completed that were identified in Polarconsult’s June 16, 2014
Inspection Report. Please refer to Polarconsult’s June 16, 2014 inspection report for other
aspects of Phase I construction.
Polarconsult Engineer Joel Groves, PE mobilized to the project site Saturday, June 28th through
Wednesday July 2nd 2014 for final inspection of the Phase I Construction of the Indian River
Hydroelectric Project. Mr. Groves arrived on Alaska Seaplanes at approximately 5:00 PM.
Channel Construction had demobilized all equipment and personnel from the project site. CCI
personnel were in Tenakee Springs working on a different project. Mr. William Tonsgard
(owner of CCI) stated that CCI had already completed the regrading work indicated in
Polarconsult’s June 16th memo, with final revegetation and slope stabilization work to start
Monday June 30th.
Mr. Groves completed an initial inspection of the project site on the evening of the 28th, and
inspected the site with Mr. Tonsgard on the afternoon of Sunday June 29th. Mr. Groves as‐built
the modified portions of the access roads and trails on the evening of Monday June 30th,
assisted by Mr. Dylan Ashe of CCI. Mr. Ashe was on‐site placing jute matting on previously
seeded slopes on July 1st and 2nd, and completed jute placement on July 3rd.
Mr. Groves concurrently completed other project‐related field work from June 29th through July
2nd, and departed Tenakee Springs on the afternoon of July 2nd, returning to Anchorage that
evening.
INSPECTION RESULTS – TENTATIVE LIST OF ITEMS TO BE COMPLETED
1. Cut grade on main access road station 16+10 to 17+35.
CCI reworked the grade on this section of road. The resulting grade is shown on the attached
as‐built drawings, and conforms with the project plans.
2. Revegetate Main Access Road cut slopes.
Seed placed by CCI along the main access road soil cut slopes (station 14+00 to 17+72) in early
June 2014 was sprouting well. CCI placed jute matting on these slopes, completing this activity.
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3. Grade and revegetate material stockpile.
CCI stated that the back slope of the material stockpile is too soft to be practically reworked by
equipment. CCI finished applying seed, fertilizer, and jute to the stockpile slopes on June 3rd.
4. Realign Intake Access Trail and remove excess shot rock from Indian River.
CCI removed excess shot rock from Indian River at the intake site, pulling the toe of the fill 2 to
14 feet back from the position surveyed on 6/7/2014. The resulting fill conforms with the
project drawings.
5. Adjust alignment and grade and armor fill slope on Powerhouse Construction Access Trail
CCI adjusted the grade of the Powerhouse Construction Access Trail to 37%, which is
functionally consistent with the phase 1 project plans. The grade will be reduced to 20% once
the powerhouse foundation is constructed. CCI did not armor the toe of the fill slope, as this
was not specified on the phase 1 project plans. Armor rock will be placed along the fill toe
when this trail is built up to final grade as part of Phase 2 construction.
CONCLUSIONS
All items to be completed in Polarconsult’s June 16th memo have been addressed to the
Engineer’s satisfaction.
PHOTOGRAPHS
Photographs included on the following pages are listed below.
Figure 1. Disposal Site
Figure 2. Intake Access Trail Fill
Figure 3. Intake Access Trail Cut
Figure 4. Main Access Road above Powerhouse Work Pad
Figure 5. Powerhouse Access Trail Fill
Figure 6. Detail of recommended completion of Powerhouse Construction Access Trail.
ATTACHMENTS
1. As‐built set of Phase I Plans.
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Figure 1 ‐ Disposal Site (Jute placement in progress)
Figure 2 ‐ Intake Access Trail Fill
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July 11, 2014 Page 4 of 5
Figure 3 ‐ Intake Access Trail Cut
Figure 4 ‐ Main Access Road Above Powerhouse Work Pad (Before jute placement)
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Figure 5 ‐ Powerhouse Access Trail Fill
ATTACHMENT G.4
PHASE 1 AS‐BUILT DRAWINGS
ATTACHMENT G.5
ENGINEER’S COST ESTIMATE, PHASE 2 CONSTRUCTION
INDIAN RIVER HYDROELECTRIC PROJECTPOLARCONSULT ALASKA, INC.FINAL ENGINEER'S COST ESTIMATE AND PHASE 2 - CONSTRUCTION CASH FLOW PROJECTIONMONTHPhase 1 Phase 2TASK FINAL BUDGET 2014 - 2015 Oct. 2014 Nov. 2014 Dec. 2014 Jan. 2015 Feb. 2015 Mar. 2015 Apr. 2015 May. 2015 Jun. 2015 Jul. 2015 Aug. 2015 Sep. 2015 Oct. 2015 Nov. 2015 Dec. 2015 Jan. 2016 TotalConstruction Management $120,000 10% 10% 2.0% 2.0% 2.0% 2.0% 5.0% 10% 10% 10% 10% 10% 10% 2.0% 5% 100.00%Construction Engineering / Inspections $146,000 9% 5% 10% 10% 10% 10% 10% 10% 10% 10% 6% 100.00%ConstructionSurveys $30,000 10% 10% 15% 10% 10% 10% 10% 10% 15% 100.00% Access Roads and Trails $564,880 100%100.00%Power Line $411,400 10% 40% 50%100.00%Diversion, Intake, Fishpass $636,00015% 25% 25% 25% 10% 100.00%Penstock / Bench $1,080,000 25% 10% 10% 25% 20% 10%100.00%Powerhouse $370,00015% 25% 25% 25% 10% 100.00%Turbine / Generator $276,000 30% 30% 30% 10% 100.00%Switchgear / Controls $160,000 30% 30% 30% 10% 100.00%Construction Contingency $445,000 0% 15% 4% 4% 0% 4% 18% 22% 12% 13% 5% 1% 2% 0% 0% 100.00%Startup & Commissioning $52,00050% 50% 100.00%O&M Manual $6,000100% 100.00%TOTAL W/ CONTINGENCY $4,297,280FINAL ENGINEER'S COST ESTIMATE: $3.9 TO 4.7 MILLIONMONTHTASK FINAL BUDGET 2014 - 2015 Oct. 2014 Nov. 2014 Dec. 2014 Jan. 2015 Feb. 2015 Mar. 2015 Apr. 2015 May. 2015 Jun. 2015 Jul. 2015 Aug. 2015 Sep. 2015 Oct. 2015 Nov. 2015 Dec. 2015 Jan. 2016 TotalConstruction Management $120,000$0$12,000 $12,000 $2,400 $2,400 $2,400 $2,400 $6,000 $12,000 $12,000 $12,000 $12,000 $12,000 $12,000 $2,400 $6,000$0$120,000Construction Engineering / Inspections $146,000 $13,469$0$7,300$0 $0 $0 $0$14,600 $14,600 $14,600 $14,600 $14,600 $14,600 $14,600 $14,600 $8,431$0$146,000Construction $0$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Surveys $30,000$0 $0$3,000 $3,000$0 $0 $0$4,500 $3,000 $3,000 $3,000 $3,000 $3,000 $4,500$0 $0 $0$30,000 Access Roads and Trails $564,880 $564,880$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0$564,880Power Line $411,400$0 $0$41,140$0 $0 $0 $0$164,560 $205,700$0 $0 $0 $0 $0 $0 $0 $0$411,400Diversion, Intake, Fishpass $636,000$0 $0 $0 $0 $0 $0 $0$95,400 $159,000 $159,000 $159,000 $63,600$0 $0 $0 $0 $0$636,000Penstock / Bench $1,080,000$0 $0$270,000 $108,000 $108,000$0 $0$270,000 $216,000 $108,000$0 $0 $0 $0 $0 $0 $0$1,080,000Powerhouse $370,000$0 $0 $0 $0 $0 $0 $0 $0$55,500 $92,500 $92,500 $92,500 $37,000$0 $0 $0 $0$370,000Turbine / Generator $276,000$0 $0$82,800$0 $0 $0$82,800$0 $0 $0$82,800$0 $0$27,600$0 $0 $0$276,000Switchgear / Controls $160,000$0 $0$48,000$0 $0 $0$48,000$0 $0 $0$48,000$0 $0$16,000$0 $0 $0$160,000Construction Contingency $445,000$0 $0$66,815 $16,668 $16,218$0$19,642 $80,257 $95,986 $54,435 $57,859 $23,891 $6,007 $7,223$0 $0 $0$445,000Startup & Commissioning $52,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0$26,000 $26,000$0 $0$52,000O&M Manual $6,000$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0$6,000 $6,000TOTAL $4,297,280$4,297,280TOTAL MONTHLY CASH FLOW $578,349 $12,000 $531,055 $130,068 $126,618 $2,400 $152,842 $635,317 $761,786 $443,535 $469,759 $209,591 $72,607 $107,923 $43,000 $20,431MONTHLY AS PERCENT OF BUDGET 17.4% 0.4% 16.0% 3.9% 3.8% 0.1% 4.6% 19.1% 22.9% 13.4% 14.1% 6.3% 2.2% 3.3% 1.3% 0.6%RUNNING TOTAL $578,349 $590,349 $1,121,403 $1,251,472 $1,378,090 $1,380,490 $1,533,331 $2,168,649 $2,930,434 $3,373,969 $3,843,728 $4,053,319 $4,125,926 $4,233,849 $4,276,849 $4,297,280RUNNING PERCENTAGE 13.5% 13.7% 26.1% 29.1% 32.1% 32.1% 35.7% 50.5% 68.2% 78.5% 89.4% 94.3% 96.0% 98.5% 99.5% 100.0%9/22/2014Page 1 of 1Sheet1, 140922-IndianRiverCashFlowProjection.xls